Smith v. McGoldrick Lumber Co., 17758.

CourtUnited States State Supreme Court of Washington
Writing for the CourtHOLCOMB, J.
Citation124 Wash. 363,214 P. 819
PartiesSMITH et ux. v. McGOLDRICK LUMBER CO.
Docket Number17758.
Decision Date19 April 1923

214 P. 819

124 Wash. 363

SMITH et ux.
v.
McGOLDRICK LUMBER CO.

No. 17758.

Supreme Court of Washington

April 19, 1923


Department 1.

Appeal from Superior Court, Spokane County; Bruce Blake, Judge.

Action by John J. Smith and wife against the McGoldrick Lumber Company. From a judgment for defendant notwithstanding the verdict, plaintiffs appeal. Affirmed.

John H. Roche and Moye Wicks, both of Spokane, for appellants.

Randall & Danskin, of Spokane, for respondent.

HOLCOMB, J.

In an action for damages in the sum of $20,150, for the drowning of their 11 year old son, a verdict for $1,000, having been awarded by the jury, was set aside by the trial court on motion of the respondent for judgment n. o. v.

The basis of the cause of action of appellants was that respondents maintained a dangerous, attractive, and alluring nuisance, consisting of a millpond within the city of Spokane, which was covered by a carpet of logs, to and upon which children of immature years were attracted to play, and which constituted a great danger; that the pond and the logs were not fenced, protected, or guarded, nor children prevented in any way from playing thereon; that the deceased boy was [124 Wash. 364] enticed and attracted to the pond and logs against the will and consent of appellants.

The millpond in question, as alleged by appellants, is 'an estuary or bay formed by the waters of the Spokane river.' Respondent has its mill on the Spokane river, and has leased a portion of the pond in question from the Pioneer Educational Society for about 16 years. A part of the pond is excepted from the lease, and is used by the Pioneer Educational Society for a dumping ground. On the side of the pond farthest from the river the Oregon-Washington Railroad & Navigation Company and the Spokane International Railway Company have their right of way, the embankment of which merges into the bank of the pond. In high water the water rises to within 2 or 3 feet of the Oregon-Washington track. The pond is 1,200 feet long and about 400 feet wide. It is naturally, and not artificially, formed. It cannot be fenced along the right of way of the railway company, and therefore could not be fenced clear around so that boys could be kept off in that manner. The railroad right of way on the farther side from the pond is fenced. The sawmill and lumber yards near [214 P. 820.] the pond are fenced. There are signs at various places near the log pond reading: 'Danger. Keep...

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8 practice notes
  • Bicandi v. Boise Payette Lumber Co., 6037
    • United States
    • United States State Supreme Court of Idaho
    • May 3, 1935
    ...negligence. (Barnhart v. Chicago, M. & St. P. Ry. Co., 89 Wash. 304, 154 P. 441, L. R. A. 1916D, 443; Smith v. McGoldrick Lbr. Co., 124 Wash. 363, 214 P. 819; Peters v. Bowman, 115 Cal. 345, 47 P. 113, 598, 56 Am. St. 106.) In the Barnhart case the Supreme Court of Washington quoted from Su......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • April 6, 1950
    ...La.App., 34 So.2d 423; Barnhart v. Chicago M. & St. P. Ry., 89 Wash. 304, 154 P. 441, L.R.A.1916D, 443; Smith v. McGolderick Lbr. Co., 124 Wash. 363, 214 P. 819; Polk v. Laurel Hill Cemetery Ass'n, 37 Cal.App. 624, 174 P. 414; Reardon v. Spring Valley Water Co., 68 Cal.App. 13, 228 P. 406; ......
  • Ochampaugh v. City of Seattle, No. 45492
    • United States
    • United States State Supreme Court of Washington
    • January 5, 1979
    ...found in such bodies of water. Barnhart v. Chicago, M. & St. P. Ry., 89 Wash. 304, 154 P. 441 (1916); Smith v. McGoldrick Lumber Co., 124 Wash. 363, 214 P. 819 (1923); Meyer v. General Elec. Co., 46 Wash.2d 251, 280 P.2d 257 (1955). We have denied recovery where the pond Page 521 was one cr......
  • Schock v. Ringling Bros. and Barnum & Bailey Combined Shows, 28056.
    • United States
    • United States State Supreme Court of Washington
    • October 3, 1940
    ...and to suggest to the school officers the reasonable probability of just such, or a similar, accident. In Smith v. McGoldrick Lumber Co., 124 Wash. 363, 214 P. 819, an eleven-year old boy was drowned in a mill pond within the city of Spokane. The basis of the action was that the defendant h......
  • Request a trial to view additional results
8 cases
  • Bicandi v. Boise Payette Lumber Co., 6037
    • United States
    • United States State Supreme Court of Idaho
    • May 3, 1935
    ...negligence. (Barnhart v. Chicago, M. & St. P. Ry. Co., 89 Wash. 304, 154 P. 441, L. R. A. 1916D, 443; Smith v. McGoldrick Lbr. Co., 124 Wash. 363, 214 P. 819; Peters v. Bowman, 115 Cal. 345, 47 P. 113, 598, 56 Am. St. 106.) In the Barnhart case the Supreme Court of Washington quoted from Su......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • April 6, 1950
    ...La.App., 34 So.2d 423; Barnhart v. Chicago M. & St. P. Ry., 89 Wash. 304, 154 P. 441, L.R.A.1916D, 443; Smith v. McGolderick Lbr. Co., 124 Wash. 363, 214 P. 819; Polk v. Laurel Hill Cemetery Ass'n, 37 Cal.App. 624, 174 P. 414; Reardon v. Spring Valley Water Co., 68 Cal.App. 13, 228 P. 406; ......
  • Ochampaugh v. City of Seattle, No. 45492
    • United States
    • United States State Supreme Court of Washington
    • January 5, 1979
    ...found in such bodies of water. Barnhart v. Chicago, M. & St. P. Ry., 89 Wash. 304, 154 P. 441 (1916); Smith v. McGoldrick Lumber Co., 124 Wash. 363, 214 P. 819 (1923); Meyer v. General Elec. Co., 46 Wash.2d 251, 280 P.2d 257 (1955). We have denied recovery where the pond Page 521 was one cr......
  • Schock v. Ringling Bros. and Barnum & Bailey Combined Shows, 28056.
    • United States
    • United States State Supreme Court of Washington
    • October 3, 1940
    ...and to suggest to the school officers the reasonable probability of just such, or a similar, accident. In Smith v. McGoldrick Lumber Co., 124 Wash. 363, 214 P. 819, an eleven-year old boy was drowned in a mill pond within the city of Spokane. The basis of the action was that the defendant h......
  • Request a trial to view additional results

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